Guptas go on the offensive

In a new twist in its offensive against Finance Minister Pravin Gordhan, the Gupta family, through its company Sahara Computers, has launched a court application for a court order that he pay the costs of his court action involving the family.

The company is disputing the legitimacy of the state attorney acting for Gordhan.

Sahara Computers filed a notice in the Pretoria High Court two weeks ago directing Gordhan to satisfy the court that the state attorney was authorised to act for him. It wants Gordhan to pay the costs of its application .

The court is due to hear today an application by Gordhan for a court declaration that he is not empowered to intervene in a decision by several banks to terminate the accounts of the Oakbay group of companies, which is controlled by the Gupta family.

Gordhan made the application following a number of letters from then Oakbay Investments CEO Nazeem Howa last year in which he was asked to assist the companies after their bank accounts were closed.

Stein Scop Attorneys served a letter on the state attorney on March 17 questioning his authority to act on behalf of the minister.

It also filed a notice with the court.

The state attorney filed a notice on Friday objecting to the late challenge.

He also objected to the purported filing of "supplementary" heads of argument.

In an application filed yesterday, Sahara Computers CEO Stephanus Nel stated under oath that the company believed that the minister was acting for his personal benefit.

In supplementary heads of argument, Sahara said not a single party contended that the minister had the power to intervene in a private banking relationship.

"Despite the absence of the [dispute] between the parties, the minister persists in asking this court to exercise a discretion in his favour. The question is why," Sahara said.

Sahara said that despite Oakbay accepting Gordhan's assessment of his powers and asking him to withdraw his application, the minister had chosen to forge ahead.